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Intellectual Property Rights and a “No Deal” Brexit — What is Likely to Happen?

With increasing speculation that no deal will be done between the UK and the EU, the UK Government has published a series of “technical notices” providing guidance on how to prepare for a no-deal scenario. These technical notices are written on the basis that there will be no concluded withdrawal agreement between the UK and the EU, which will mean the UK exiting the EU at 11:00 pm on 29 March 2019 with no transition period and no deal going forward. Five of these technical notices deal with different aspects of intellectual property.

The UK Government has gone to lengths to stress that this is simply a case of covering every eventuality and that it still very much hopes and expects to reach a deal on the UK’s withdrawal from the EU. Time will tell whether that is going to be possible. What however, is clear, from what we have seen to date is that there is a huge amount of detail missing from what the government has published in relation to IP rights. It is also clear that, while the UK Government is very much trying to reflect in these technical notices the position that it would expect to reach if there were a negotiated deal, if there is no deal with the EU then this very much assumes that the EU to reciprocate. Otherwise, UK businesses are going to be disadvantaged.

For more information about what will happen as the respective laws of the UK and the EU begin to separate, please contact your Ally Law lawyer.

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